No. 18-6304

Alex Lenard McCoy v. United States

Lower Court: Fourth Circuit
Docketed: 2018-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a plea agreement where government errors in the Rule 11 plea hearing generate ambiguity regarding the drug quantity and drug type and create confusion regarding the consequences of his plea?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Defendant’s rights under Article III, Section 2 of the United States Constitution for the trial of his crimes by jury in the State where the said Crimes shall have been committed; under the Fifth Amendment of the United States Constitution not to be compelled in any criminal case to be a witness against himself; and under the Sixth Amendment of the United States Constitution to a speedy and public trial by an impartial jury and to be confronted with the witnesses against him, were violated when the Defendant is induced to enter a plea agreement where government errors in the Rule 11 plea hearing generate ambiguity regarding the drug quantity and drug type and create confusion regarding the consequences of his plea?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Waiver of right of respondent United States to respond filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Alex L. McCoy
James W Kilbourne Jr.Dungan, Kilbourne & Stahl, P.A., Petitioner
James W Kilbourne Jr.Dungan, Kilbourne & Stahl, P.A., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent